HB397 • 2026

RELATING TO THE EXAMINATION OF CRIMINAL DEFENDANTS.

Budget

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: NAKAMURA (Introduced by request of another party)
Last action: 2025-12-08
Official status: Carried over to 2026 Regular Session.
Effective date: Not listed

Plain English Breakdown

The bill text specifies that the payment is $2,000 but does not provide details on how many cases this funding will cover or if it's sufficient.

Setting Pay for Private Experts Who Help Courts

This bill sets the pay rate for private examiners hired by courts to assess whether criminal defendants are fit to stand trial or responsible for their actions, and it provides funding for this purpose.

What This Bill Does

Establishes a fixed payment of $2,000 for private examiners hired by courts to evaluate if a defendant is mentally fit to participate in legal proceedings or legally responsible for their actions.
Specifies that the payment covers all work related to the examination, including writing reports and testifying in court.

Who It Names or Affects

Private examiners hired by courts to assess defendants' mental fitness or legal responsibility.
Courts that hire private experts for such evaluations.

Terms To Know

Penal Responsibility: The ability of a criminal defendant to understand the nature and consequences of their actions in a court case.
Fitness to Proceed: A legal determination that assesses whether a defendant is mentally capable of participating in their own defense during a trial.

Limits and Unknowns

The bill does not specify what happens if the $2,000 payment is insufficient for all services provided by private examiners.
It's unclear how many cases will require these evaluations and thus how much of the allocated funds will be used.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment sets a fixed payment of $2,000 from the judiciary to private examiners who evaluate criminal defendants' fitness to proceed in court cases.

Sets a standard compensation rate of $2,000 for private examiners evaluating criminal defendants’ fitness to proceed or penal responsibility.
Specifies that this payment covers all related work including examination, report drafting, consultation, preparation, testimony, and attendance in court.

The exact amount appropriated by the state is not specified as it depends on future budget allocations.

Bill History

2025-12-08 D
Carried over to 2026 Regular Session.
2025-02-10 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Belatti, Cochran, Kila, Ward excused (4).
2025-02-10 H
Reported from JHA (Stand. Com. Rep. No. 288) as amended in HD 1, recommending passage on Second Reading and referral to FIN.
2025-01-30 H
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Cochran, Hashem.
2025-01-24 H
Bill scheduled to be heard by JHA on Thursday, 01-30-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
2025-01-21 H
Referred to JHA, FIN, referral sheet 1
2025-01-17 H
Introduced and Pass First Reading.
2025-01-16 H
Pending introduction.

Official Summary Text

RELATING TO THE EXAMINATION OF CRIMINAL DEFENDANTS.
Judiciary Package; Penal Responsibility; Fitness to Proceed; Private Examiner Compensation; Appropriation ($)
Establishes the amount of compensation for private-sector examiners who evaluate a criminal defendant's penal responsibility or fitness to proceed in a legal case. Appropriates funds. Effective 7/1/3000. (HD1)

Current Bill Text

Read the full stored bill text

HB397

HOUSE OF REPRESENTATIVES

H.B. NO.

397

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO THE EXAMINATION OF CRIMINAL DEFENDANTS
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION
1
.
�
Section 704-404, Hawaii Revised Statutes, is
amended by amending subsection (11) to read as follows:

����
"(11)
�

The compensation of persons making or assisting in the examination,
other than those retained by a nonindigent defendant, who are not undertaking
the examination upon designation by the director of health as part of their
normal duties as employees of the State or a county, shall be paid by the [
State.
]

judiciary in the amount of $2,000, which amount
includes compensation for the examination, the drafting of the report, and any
consultation, preparation, testimony, and attendance in court.
"

����
SECTION
2
.
�
Section 704-407.5, Hawaii Revised Statutes,
is amended by amending subsection (12) to read as follows:

����
"
(12)
�
The compensation of persons making or
assisting in the examination, other than those retained by a nonindigent
defendant, who are not undertaking the examination upon designation by the
director of health as part of their normal duties as employees of the State or
a county, shall be paid by the [
State.
]
judiciary in the amount of
$2,000, which amount includes compensation for the examination, the drafting of
the report, and any consultation, preparation, testimony, and attendance in
court.
"

����
SECTION 3.
�

There is appropriated out of the general revenues of the State of Hawaii
the sum of $975,000 or so much thereof as may be necessary for fiscal year
2025-2026 and the same sum or so much thereof as may be necessary for fiscal
year 2026-2027 to carry out the purposes of this Act.

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The sums appropriated shall be expended by
the judiciary for the purposes of this Act.

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SECTION 4.
�

Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.

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SECTION 5.
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This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

By Request

Report Title:

Judiciary
Package; Penal Responsibility; Fitness to Proceed; Private Examiner
Compensation; Appropriation

Description:

Establishes
the amount of compensation for private-sector examiners who evaluate a criminal
defendant's penal responsibility or fitness to proceed in a legal case.
�
Appropriates moneys.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.